Common Law Marriage Requirements & Proof
What it takes to form a common law marriage, and how to show a court it exists.
A common law marriage is a real marriage — no ceremony, no license — created when a couple meets a few core tests and lives as spouses.
General requirements
- Mutual agreement to be married now. Both partners must intend, today, to be married — not someday.
- Cohabitation. The couple lives together as a couple.
- Holding out. They present themselves to the public as married — same last name, joint accounts, filing taxes as a couple, introducing each other as husband or wife.
- Capacity. Both are legally eligible to marry (age, and not already married to someone else).
How to prove it
When a court, agency, or insurer needs proof, couples rely on a combination of evidence: a declaration or signed statement of marriage; joint bank, credit, and loan accounts; tax returns filed as married; a shared lease or deed; insurance and beneficiary forms naming each other; children listed with both parents; and testimony that the couple held themselves out as spouses. No single document is required; courts weigh the whole picture.
Common law vs. ceremonial marriage
A valid common law marriage has the same legal weight as a ceremonial one. The couple is married for tax, inheritance, benefits, and — if it ends — divorce. The only practical difference is how it was formed and how it is later proven.
Source
General elements summarized from state family codes and case law; see each state page for the controlling statute (verified 2026-06).